Who is a building expert witness?

A Building Expert Witness is a person with a depth of knowledge of the building industry, regulations, Codes and requirements to build and complete a structure to an acceptable standard. An expert is one who has been in the building industry for many years and understands the complexity of the industry and is able to separate client expectations from the requirements of various building standards. An expert provides technical support on construction defects and building problems, along with litigation support in claims or matters before the Court, Fair Trading or NCAT.

What is the role of the building expert witness?

The role of the Building Expert is to compare the defect with the Building Code of Australia and or the relevant Australian Standards to determine whether in fact it is a defect. The Expert then provides expert evidence as to why in his/her opinion the defect is either compliant or non-compliant with the various Standards or Codes.

NCAT (The NSW Civil and Administrative Tribunal) provides specialist tribunal and resolution services for building disputes. If a case is with NCAT, a formal Building Expert Witness Report is required for decision making by Tribunal member.

A Building Expert Witness has a paramount duty to the Courts, or NCAT, and not to the party engaging his/her services under the Expert Code of Conduct. For this reason, the expert can provide litigation support to a builder, home or unit owner, sub-contractor, or supplier. The expert endeavours to provide an expert opinion in an attempt to resolve issues for all parties concerned.

Expert Code of Conduct

A building expert witness has a paramount duty to the Courts, or NCAT, and not to the party engaging his/her services. For this reason, the expert can provide litigation support to a builder, home or unit owner, sub-contractor or supplier. The expert endeavours are to provide an important opinion in an attempt to resolve issues for all parties concerned.

Why is a Building Expert Witness so important?

A Building Expert Witness has a depth of knowledge of the building industry, regulations, Building Codes and Standards providing technical support on construction defects and building problems, along with litigation support in claims on matters before the Court, Fair Trading or NCAT.

Where there is a claim under the Home Building Compensation Fund when a builder has gone into liquidation or bankruptcy the Expert Witness report is often referred to as litigation support and is limited to building defects.

Who needs a building expert witness?

Builders, Owners and Owner’s Corporations that have a problem or defect within a building or property, and require support in litigation to substantiate a claim. Documentation on compliance with various building codes, Australian Standards, building standards and tolerances is provided as independent support.

Solicitors require a building expert to provide factual information on the claim for defects or problems within a building. The building expert is to provide factual information on the extent and value while the solicitor is involved in legal issues. The expert’s report is referred to as litigation support.

What building defects does an expert witness uncover?

There are a range of areas in construction where building defects can occur. These can be due to;

• Sub-standard building practices
• Not complying with approved building plans
• Not meeting requirements of relevant Building Codes
• Use of unsuitable or non-compliant building materials
• Lack of Council approval or supervision during construction
• Unlicenced builders and contractors

All of these and more can result in minor or major building defects creating serious problems. Add to this the complexity of possibly having to go through NCAT or Tribunal, and you want to make sure you’re prepared and protected.